521.11 UNDERAGE POSSESSION AND/OR USE OF TOBACCO AND/OR TOBACCO PRODUCTS PROHIBITED.
   (a)   As used in this section:
      (1)   “Cigarettes” include any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and whether or not such tobacco is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper, reconstituted cigarette tobacco, homogenized cigarette tobacco, cigarette tobacco sheets or any similar materials.
      (2)   “Tobacco products” include the proceeds, yield or final form of anything made up wholly or in part of the genus of the plant known as “Nicotiana”. Such products include but are not limited to cigars, pipe tobacco, chewing tobacco or snuff.
      (3)   “Sale” includes delivery, barter, exchange, transfer or gift, or offer thereof and each transaction made by any person, whether as principal, proprietor, agent, servant or employee.
      (4)   “Possess” or “possession” means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.
      (5)   “Smoke” means to burn any substance containing tobacco, including a lighted cigarette, cigar, pipe or other device used to burn tobacco, or to burn a clove cigarette.
      (6)   “Use tobacco” means to chew or maintain any substance containing tobacco, including smokeless tobacco, in the mouth to derive the effects of tobacco.
      (7)   “Vending machine” or “coin machine” has the same meaning as defined in Ohio R.C. 2913.01.
   (b)   No person under the age of eighteen years shall smoke, use cigarette or tobacco products, or possess any substance containing tobacco.
   (c)   No person under the age of eighteen years shall order, pay for, purchase, share in the cost of, or attempt to purchase cigarettes or other tobacco products.
   (d)   No person under the age of eighteen years shall knowingly show or give false information concerning his/her name, age or other identification for the purpose of purchasing or otherwise obtaining cigarettes or other tobacco products in any place in the City where cigarettes or other tobacco products are sold.
   (e)   No person shall knowingly furnish any false information as to the name, age or other identification of any person under eighteen years of age for the purpose of obtaining, or with the intent to obtain, cigarettes or other tobacco products for a person under eighteen years of age, by purchase or as a gift.
   (f)   Whoever violates any subsection of this provision shall be punished as follows:
 
First offense
Maximum Penalty.
 
Written warning from Urbana Police Department Juvenile Officer, to be issued to individual’s parents.
Second offense
Conference with Urbana Police Department Juvenile Officer.
Third offense
$50.00 fine.
Fourth offense and subsequent offense
$100. fine
 
(Ord. 4109. Passed 8-8-00.)